Visitation Rights for Grandparents

The state of Texas recognizes the significance of the role a grandparent plays in a child’s life, and statutes exist to grant estranged grandparents the right to visit their grandchildren under certain circumstances. The most common need for these court orders is a messy divorce in which the custodial parent no longer wishes to allow their children to interact with their ex’s relatives.

If you are having trouble being allowed to visit with your grandchildren following the divorce of their parents, a skilled Austin divorce lawyer may be able to help. Call the experienced and knowledgeable legal team at Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431 to learn more about your rights and options under the law.

Requirements

The primary determining factor that a court will use when granting visitation rights is the question “Is it in the best interest of the child?”. If it can be demonstrated that grandparent visitation is in the child’s interest, a court order can be issued for visitation in any of the following situations:

• The parents have divorced;
• The parent has been incarcerated;
• The parent has died;
• The child has lived with the grandparent for 6 months or more;
• The parent-child relationship has been terminated by a court order;
• The parent has been found incompetent;
• The parent has neglected the child, or committed abuse.

Visitation rights are not absolute, and in situations where the child has been adopted by someone other than their step-parent, the grandparents will not be granted visitation rights and any contact will be at the discretion of the adoptive parents.

Contact Us

If you are having trouble visiting your grandchildren following the divorce of their parents, the legal team at Slater, Kennon & Pugh Ltd.LLP can help. Contact today at 512-472-2431 for a free consultation with our experienced Austin divorce attorneys to discuss the details of your case.